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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 15, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING - COMMENTS WELCOME 2003 - LOCAL LAW ENFORCEMENT
BLOCK GRANT - PRESENTATION BY POLICE CHIEF TOM CASADY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) App. of Lincoln Wings, L.L.C. dba Hooter's for a
special designated liquor license in a parking lot
area measuring 96' by 47' to the north on Sept.
27, 2003 from 8:00 p.m. to 12:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-82316)
2) App. of K-Sara Enterprises for a special
designated liquor license to cover an area
measuring approximately 119' by 60' in the parking
lot at Husker Auto Group, 6833 Telluride, on
September 26 & 27, 2003 from 4:00 p.m. to 12:00
a.m.
(ADOPTED FOR APPROVAL, 7-0; A-82317)
3) App. of Pershing Center for a special designated
liquor license to cover an area measuring 161' by
347' and 141' by 36' to the west and south of the
Pershing Center, 226 Centennial Mall South on the
Sept. 20, 2003 from 11:00 a.m. to 11:59 p.m.
(AMENDED, 7-0; ADOPTED FOR APPROVAL AS
AMENDED, 7-0; A-82318)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 4 THRU 11 HAD 2ND READING)
4) 03-137 Approving a Sublease Agreement between the City &
Lincoln Action Program for a sublease of space at
the One Stop Center, 1010 N St., to provide job
training & employment services under the Workforce
Investment Act.
5) 03-138 Amending the pay schedule for a certain employee
group prefixed by the letter E by changing the job
classification of Workers' Compensation Claims
Assistant to Workers' Compensation Claims
Specialist.
Fact Sheet (49K)
6) 03-139 Amending the pay schedule for a certain employee
group prefixed by the letter M by creating the job
classification of Workers' Compensation
Coordinator.
Fact Sheet (47K)
Attachment (67K)
7) 03-140 Amending the pay schedule for a certain employee
group prefixed by the letter A by creating the job
classification of Learning Center Supervisor.
Fact Sheet (44K)
Attachment (74K)
8) 03-141 Amending the Lincoln Corporate Limits Map by
annexing approx. 1.06 acres of property generally
located at 1501 W. Van Dorn St.
Fact Sheet (661K)
9) 03-142 Change of Zone 3417 - App. of Carlos Lake L.L.C.
for a change from R-2 Residential District to R-T
Residential Transition Dist., on property
generally located at S. 55th St. & South St.
(In connection w/03R-239, 03R-240)
Fact Sheet (720K)
10) 03-143 Amending Sections 26.19.020 & 26.31.010 of the
Lincoln Municipal Code to modify the procedure for
granting modifications of subdivision requirements
& providing an appeal process therefor.
Fact Sheet (137K)
11) 03-144 Approving the License Agreement between the City &
Alltel Communications to locate telecommunications
facilities on a City water tower on property
located at Air Park.
Fact Sheet (43K)
Attachment (628K)
PUBLIC HEARING - RESOLUTIONS
12) 03R-238 Accepting & approving the preliminary plat of
Pioneer Business Park Addition for 25 industrial
lots on approx. 38.59 acres with requested waivers
to the required stormwater detention, street
improvements, sidewalks, sanitary sewer flow,
temporary sanitary sewer lift station, block
length, pedestrian easement, & street improvements
to urban standards, on property generally located
at S. 8th St. & Pioneers Blvd.
Fact Sheet (564K)
(ADOPTED, 4-3; COOK, NEWMAN, WERNER DISSENTING;
A-82319)
13) 03R-239 Special Permit 638A - App. of Carlos Lake L.L.C.
to expand an existing parking lot in a residential
district on property generally located at S. 55th
St. & South St. (In connection w/03-142, 03R-
240)
Fact Sheet (721K)
(ACTION DELAYED ONE WEEK TO 9/22/03, 7-0)
14) 03R-240 Use Permit 153 - App. of Carlos Lake L.L.C. to
develop Midtown Business Park consisting of two
5,000 sq. ft. office/medical buildings, with
requested waivers to the allow lots that do not
have frontage or direct access to a public or
private roadway, on property generally located at
S. 55th St. & South St. (In connection w/03-
142, 03R-239)
Fact Sheet (784K)
(ACTION DELAYED ONE WEEK TO 9/22/03, 7-0)
15) 03R-241 Amending Chapter 1, Section 2, of the Lincoln
Design Standards to modify the procedure for
granting modifications to design standard
requirements & providing an appeal process
therefor.
Fact Sheet (238K)
Attachment (14K)
Attachment 2 (14K)
(ADOPTED, 7-0; A-82320)
16) 03R-242 Accepting & approving two conservation easement
agreements over approx. 7.29 acres of property
generally located north of London Rd., west of S.
56th St. for preservation of tree masses,
wetlands, & floodplains associated with a
drainageway.
Fact Sheet (34K)
Attachment (67K)
Attachment 2 (67K)
(ADOPTED, 7-0; A-82321)
17) 03R-243 Accepting the report of new & pending claims
against the city & approving disposition of claims
set forth therein for the period of August 16 to
31, 2003.
Fact Sheet (14K)
Attachment (25K)
(ADOPTED, 7-0; A-82322)
18) App. of St. Patrick's School, 4142 N. 61st St., to
conduct a raffle within the City of Lincoln from
Sept. 14 through Nov. 21, 2003.
Attachment (157K)
(ADOPTED, 7-0; A-82323)
19) App. of North American Martyrs Catholic Parish,
1100 Isaac Dr., to conduct a lottery within the
City of Lincoln from Sept. 18 through Nov. 22,
2003.
Attachment (108K)
(ADOPTED, 7-0; A-82324)
20) App. of St. Teresa's Catholic Church, 735 S. 36th
St., to conduct a lottery within the City of
Lincoln from Oct. 1 through Nov. 9, 2003.
Attachment (164K)
(ADOPTED, 7-0; A-82325)
PUBLIC HEARING - IMPACT FEE APPEAL
21) 03R-244 Approving a waiver of impact fees on an increase
of size for a water meter at 3800 S. 9th
St. (9/8/03 - ACTION DELAYED & P.H. CON'T. FOR
ONE WEEK TO 9/15/03; 7-0) (Applicant requests to
withdraw appeal) (WITHDRAWN, 7-0; #38-4452)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
22) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on September 8, 2003.
(PLACED ON FILE)
Request for a Paving District on 36th Street from Vine
to W Street submitted by Jake T. Whitaker.
(REFERRED TO PUBLIC WORKS DEPT.)
Report of UNL Microbiologist for water testing for the
month of August, 2003. (PLACED ON FILE)
Setting the Hearing Date of Monday, September 29, 2003
at 5:30 p.m. for Man. App. of Kymberly Dillon for CEC
Entertainment Inc dba Chuck E Cheese at 221 N 66th Street.
(ADOPTED, 7-0; A-82326)
Appeal denial of request for categorical exemption from
impact fees submitted by Peter Katt on behalf of Mary Jo
Livingston and Mount Olive Evangelical Church.
(APPROVED HEARING DATE OF 9/22/03 AT 1:30 P.M., 7-0)
Setting the Hearing Date of Monday, September 22, 2003 at
1:30 p.m. to appeal denial request for Peddler Permit from
Carisa Risor. (APPROVED HEARING DATE OF 9/22/03 AT
1:30 P.M., 7-0)
REPORTS OF CITY OFFICERS - NONE
ORDINANCES - 1st READING (ITEMS 23 THRU 25 HAD 1ST READING)
23) 03-145 Declaring the former Union Pacific right-of-way
between 30th St. and 33rd St., consisting of
approx. 1.5 acres, as surplus property and
authorizing the exchange thereof.
Fact Sheet (455K)
24) 03-146 Change of Zone 3416 - App. of Witherbee
Neighborhood Assoc. for a change from R-4
Residential to R-2 Residential on property
generally located between the west side of S. 37th
St. and the east side of S. 42nd St., from J St.
to Randolph St., consisting of approx. 12 blocks.
Fact Sheet (1.34M)
25) 03-147 Approving a four-year lease agreement between the
City and Capital Towing Inc. for a vehicle impound
lot located at 101 Charleston St. (In
connection w/03R-249)
Fact Sheet (12K)
Attachment (23K)
ORDINANCES - 3RD READING
& RESOLUTIONS FOR ACTION
26) 03-134 Vacating the east-west alley from North
1st St. to North 2nd St. in Block 264,
Original Plat of Lincoln, generally located
at North 1st St. between R and S Sts.
(In connection w/03R-181, 03R-234, 03R-235)
Fact Sheet (850K)
(PASSED, 6-0; NEWMAN ABSTAINING:#18238)
27) 03R-181 Approving a waiver of subdivision requirements for
the installation of sanitary sewers in
1st St., water mains in 1st St., storm sewers in
1st and 2nd Sts., street paving in 1st and 2nd
Sts., street trees, and sidewalks along
1st and 2nd Sts., within the People's City Mission
Administrative Final plat generally located at
North 2nd and R Sts.(7/07/03 - Pending; to have public
hearing w/vacation Ordinance) (In connection
w/03-134, 03R-234, 03R-235) (8/18/03 - To have
P.H. 9/8/03)(9/8/03 - ACTION DELAYED FOR 1 WEEK
TO 9/15/03, 7-0)
Fact Sheet (895K)
(ADOPTED, 7-0; A-82327)
28) 03R-234 Special Permit 1123B - Approving the expansion of
the boundary of the existing special permit for
the People's City Mission & to reduce the front
yard setback from 15' to 4' for the proposed
shelter within an existing building north of R
St., generally located between N. 1st & N. 2nd
Sts. & Q to S Sts. (In connection w/03-134,
03R-181, 03R-235) (9/8/03 - ACTION DELAYED FOR 1
WEEK TO 9/15/03, 7-0)
Fact Sheet (1.4MB)
(ADOPTED, 7-0; A-82328)
29) 03R-235 Approving a Conservation Easement Agreement
between the People's City Mission Home & the City
of Lincoln over the north 51.6 feet of Lots 11 &
12, Block 275, Original Plat, Lincoln, to protect
the drainage way & natural floodplain values on
property generally located northwest of 2nd & S
St. (In connection w/03-134, 03R-181, 03R-234)
(9/8/03 - ACTION DELAYED FOR 1 WEEK TO 9/15/03,
7-0)
Fact Sheet (121K)
Attachment (39K)
(ADOPTED, 7-0; A-82329)
30) 03-135 Amending Title 24 of the Lincoln Municipal Code by
creating a new Chapter 24.12 to adopt the 2000
edition of the Uniform Plumbing Code with local
amendments.
Fact Sheet (60K)
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18239)
31) 03-136 Amending Chapter 25.03 of the Lincoln Municipal
Code relating to the Uniform Mechanical Code to
adopt the 1997 edition with new and revised local
amendments.
Fact Sheet (56K)
(PASSED, 7-0; #18240)
PENDING LIST - DATE CERTAIN
32) 03-130 Amending the Lincoln Corporate Limits Map by
annexing approximately 186.7 acres of property
generally located east of South 84th Street between
Old Cheney Road and Pine Lake Road.(8/25/03 - Public
Hearing Con't. To 1/12/04)
Fact Sheet (974K)
Attachment (31K)
33) 03R-233 Accepting the report of new & pending claims
against the City & approving disposition of
claims set forth therein for the period of
August 1 - 15, 2003. (9/8/03 - CLAIM OF
STEPHANIE BYRD PLACED ON PENDING & CON'T. P.
H. IN TWO WEEKS TO 9/22/03)
Fact Sheet (15K)
Attachment (27K)
PENDING LIST (EXTENDED ONE WEEK)
34) 00-65 Change of Zone 3196 - App. of the Interim
Planning Director for a change from B-1 Local
Business & R-3 Residential to B-2 Planned Neighborhood
Business & from R-3 Residential to AGR Agricultural
Residential, on property generally located at S.
Coddington Ave. & W. Van Dorn St. (In connection
w/00-67) (4/17/00 - Placed on Pending)
(3/5/01 - Placed on Pending)
Fact Sheet (1.4M)
35) 00-67 Change of Zone 3247 - App. of the Interim
Planning Director for a change from AGR Agricultural
Residential & R-3 Residential to B-2 Planned Neighborhood Business,
on property generally located on the southwest
corner of S. Coddington Ave. & W. Van Dorn St.
(In connection w/00-65) (4/17/00 - Placed on
Pending)(3/5/01 - Placed on Pending)
Fact Sheet (949K)
36) 01-39 Vacating the south 40' of X St. adjacent to
Lot 1, Block 6, North Lincoln Add., generally located at
N. 9th & X Sts. (4/2/01 - Action delayed for two weeks
to 4/16/01)(4/16/01 - Placed on pending for 3 months
7/16/01) (7/9/01 - To remain on Pending)
Fact Sheet (1.1M)
37) 01-182 Amending Chapter 5.36 of the Lincoln Municipal
Code relating to Peddlers by adding a new section to
prohibit use by peddlers of any truck over 21 feet in
length in any residential zoning district, except for
the purpose of delivery goods. (12/17/01 - Placed on
Pending until 1/14/02) (1/7/02 - To remain on
Pending)
Fact Sheet (4K)
38) 02R-20 Directing submittal to the qualified electors of
the city a proposed Charter amendment to Article IV,
Section 7, to allow the council, by ordinance, to change
the compensation of council members and to provide that
no increase in compensation shall become effective during
the council term in which voted. (2/25/02 - Placed on
pending indefinitely.)
Fact Sheet (4K)
39) 02-31 Vacating a 5' x 30'6" portion of North 7th Street
adjacent to the south 37' of Lot 9, Block 32, Original
Plat of Lincoln, generally located at N. 7th and P Streets.
(3/18/02 - Public Hearing Cont'd. w/3rd Reading)
(3/25/02- Action delayed to 4/8/02) (In
connection w/02R-64) (4/8/02 - Placed on Pending
until policy recommendation from Urban
Development)
Fact Sheet (699K)
40) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards of
Ethical Conduct for Employees and Elected Officials" to
supplement the existing conflicts of interest regulations.
(7/29/02 - Placed on Pending until a committee
is formed)
Fact Sheet (4K)
41) 02R-259 Comp. Plan Amendment 02001.A - Application of
Realty Trust Group to amend the 2025 Lincoln-Lancaster
County Comprehensive Plan to change the designation from
Agriculture to Urban Residential and Commercial
uses, on property generally located at the
northeast corner of 84th and Van Dorn Streets.
(11/18/02 - Pending Indefinitely)
Fact Sheet (241K)
42) 03-65 Amending Chapter 4.62 of the Lincoln Municipal Code to
establish a Police and Fire Pension Plan Board of Trustees
to provide oversight and direction with regard to the
investment of the assets of the Police and Fire
Pension Plans. (05/05/03 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 22, 2003 AT 1:30 P.M.:
(APPROVED, 7-0)
43) 03R-245 Authorizing the use of the public right-of-way for
the replacement of a truck dock at Meadow Gold
Dairies on S. 7th St. between L and M St.
Fact Sheet (58K)
44) 03R-246 Appointing James F. Schultz to the Government
Access and Information Committee to fill an
unexpired term expiring Jan. 1, 2004.
Attachment (93K)
45) 03R-247 Reappointing Christi Chaves, Janet Coleman, and
Marty Ramirez, Ph.D. to the Community Health
Endowment Board of Trustees for three-year terms
expiring Sept. 1, 2006.
46) 03R-248 Appointing Gregory W. Key to the Citizen Police
Advisory Board to fill an unexpired term expiring
Nov. 17, 2005.
Attachment (96K)
47) 03R-249 Approving a four-year contract between the City
and Capital Towing Inc. for vehicular towing and
storage. (In connection w/03-147)
Fact Sheet (44K)
Attachment (384K)
Please note: During the open microphone & registered section
of the agenda, individuals are allowed a total of 5 minutes to
speak whether registered or not regardless of number of
topics.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (9/17/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (9/22/03).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA,
MAY DO SO AT THIS TIME.
ADJOURNMENT 4:37 P.M.
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which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
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History